Neutral Citation No. - 2025:AHC:114667 Court No. - 82 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8033 of 2025 Applicant :- Prabhat Alias Ramu Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Singh,Ashutosh Yadav,Shyam Lal,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed on behalf of the applicant is taken on record. 2. Heard Ms. Abhilasha Singh, learned counsel for the applicant and Sri R. N. Srivastava, learned A.G.A. for the State-respondent. 3. The instant second bail application has been filed seeking release of the applicant on bail in Case Crime No.239 of 2024, under Sections 85, 80, 91 B.N.S. and Sections 3/4 D.P. Act, Police Station Kurawali, District Mainpuri, during pendency of the trial. 4. Learned counsel for the applicant submits that this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court vide order dated 08.01.2025 after considering the fact that applicant is husband of the deceased and his wife died within seven years of her marriage under abnormal circumstances and there is also allegation of demand of dowry but she is pressing the instant second bail application on the ground that prima-facie, post- mortem report suggests that it is a case of suicidal death and applicant is in jail in the present matter since 07.07.2024 i.e. for last more than a year. 5. She further submits that till date not even statement of P.W.-1 i.e. informant of the case could be completed and 19.07.2025 is the date fixed for his cross-examination and therefore, there is no hope of early disposal of the trial of the case. 6. She further submits that applicant is having no other criminal history to his credit. 7. Per contra, learned AGA opposed the prayer for bail and submits that applicant is husband of the deceased and his first bail application has already been dismissed on merit but could not dispute the fact that applicant is in jail for last more than a year and prima-facie, post-mortem report suggests that it is a case of suicidal death. 8. He further could not dispute the fact that applicant is having no other criminal history to his credit. 9. I have heard both the parties and perused the record of the case. 10. However, this is the second bail application filed on behalf of the applicant and his first bail application has been dismissed on merit by this Court after considering the fact that applicant is husband of the deceased and his wife died within seven years of her marriage under abnormal circumstances and there is also allegation of demand of dowry but it reflects, as per post-mortem report, deceased died due to hanging, therefore, prima-facie, it appears to be a case of suicidal death and applicant is in jail in the present matter since 07.07.2024 i.e. for last more than a year. 11. Further, till date even testimony of the informant i.e. P.W.-1 could be completed and his cross-examination is under way and therefore, there is no hope of early disposal of the trial of the case. 12. Further, applicant is having no other criminal history to his credit. 13. Therefore, considering the facts and circumstances of the case, discussed above, in my view, applicant is not entitled to be released on bail. 14. Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 15. Let the applicant- Prabhat Alias Ramu be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless her personal presence is exempted. (ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 16. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 17. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 15.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad